2168

2168.E AAS 04/09/01 S2631.2

EHB 2168 - S AMD 254

By Senators Hargrove, Long and Costa

ADOPTED 04/09/01

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 72.05.020 and 1998 c 269 s 2 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Catchment area" means the combination of a group of counties or jurisdictions used in siting community facilities when the number of qualifying offenders cannot economically support the placement of a community facility or when a single county is unable to provide the needed support.

(2) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.

((~~(2)~~)) (3) "Department" means the department of social and health services.

((~~(3)~~)) (4) "Equitable distribution" or "distribute equitably" means siting or locating community facilities in a manner that will not cause a disproportionate grouping of facilities in any single geographic region, or in any community or neighborhood within a jurisdiction.

(5) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

((~~(4)~~)) (6) "Service provider" means the entity that operates a community facility.

NEW SECTION. Sec. 2. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall make reasonable efforts to distribute community facilities equitably among the counties and work with the counties in the normal county planning process to achieve equitable distribution within each county, among the jurisdictions within the county, and among the communities or neighborhoods within the jurisdictions of the county, taking into account at least the following:

(a) The locations of existing residential facilities owned, operated by, or operated under contract with the department;

(b) The locations of other projected residential facilities owned, operated by, or operated under contract with the department;

(c) The number of juvenile registered sex offenders classified as level II or III or registered as homeless per thousand persons residing in the jurisdiction;

(d) The number of juvenile violent offenders under parole or probation per thousand persons residing in the jurisdiction; and

(e) The number of juvenile offenders sentenced or adjudicated in the jurisdiction per thousand persons residing in the jurisdiction.

(2) To carry out the purposes of subsection (1) of this section, the department shall, no later than January 1, 2002, develop a mapping system to identify the locations of existing and projected facilities identified in subsection (1) of this section. The department shall also maintain a list of the number of offenders identified in subsection (1) of this section and shall annually publish a report including the map and offender rates for the counties and jurisdictions of the state.

(3)(a) The department shall give great weight to the factors identified in subsection (1) of this section in projecting and proposing siting of new community facilities.

(b) In considering the projected placement or actual siting of a community facility, the department shall use the information in the most recent report published at the time that the facility is projected or that the site is listed for consideration as a community facility and the criteria adopted under subsection (4) of this section.

(4) The department shall adopt by rule facility criteria and shall consult with local governments in such rule making.

(5) Prior to adopting a distribution of community facilities among specific counties or catchment areas, the department shall consult with the county legislative authorities of each county within the proposed distribution. The department shall also hold at least one public hearing within each such county or, if known, the affected part of the county.

(6) Upon adoption of a distribution of community facilities under this section, the office of financial management shall include such facilities on the list of essential state public facilities maintained under RCW 36.70A.200(2). The department shall promptly notify each county included within such distribution.

Sec. 3. RCW 72.05.400 and 1998 c 269 s 5 are each amended to read as follows:

(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.

(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited at least forty-five days before a final selection is made.

(b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.

(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.

(d) To provide adequate notice of((,)) and opportunity for interested persons to comment on((,)) a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days' advance notice of the ((~~meeting to~~)) public hearings to at least the following:

(i) The affected counties, cities, and towns;

(ii) Local government planning agencies in the affected communities;

(iii) All newspapers of general circulation in the ((~~community,~~)) local area and all radio stations and television stations generally available to persons in the community((,)) where the potential site is located;

(iv) Any school district, private school, or kindergarten in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, institutions of higher education, any library district ((in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility)); and all other local government offices within a one-half mile radius of the proposed site or sites;

(v) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and

(vi) Written notification to all residents and property owners within a one-half mile radius of the proposed site or sites.

(3) The notice required under subsection (2) of this section must also inform the public that any interested person or entity, including a local government entity, is invited to submit written comments regarding a proposed location, including comments regarding whether the site meets the equitable distribution and other statutory requirements for the facility. Written comments must be submitted not later than thirty days following the date notice is issued pursuant to subsection (2) of this section.

(4) The department must consider the testimony received at the public hearings and any written comments submitted before making a final selection of the site for the location or relocation of a community facility. The department shall issue a written analysis of the final selection, including how the selection was consistent with the requirements of section 2 of this act.

(5) Before initiating ((~~this~~)) the process in subsection (2) of this section, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.

((~~(3)~~)) (6) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.

((~~(4)~~)) (7) This section shall apply only to community facilities sited after September 1, 1998.

NEW SECTION. Sec. 4. A new section is added to chapter 72.05 RCW to read as follows:

The department may use catchment areas in lieu of specific counties when the number of qualifying offenders cannot economically support the placement of a community facility or when a single county is unable to provide the needed support.

Sec. 5. RCW 72.65.010 and 1992 c 7 s 56 are each amended to read as follows:

As used in this chapter, the following terms shall have the following meanings:

(2) "Department" ((~~shall~~)) means the department of corrections.

((~~(2)~~)) (3) "Equitable distribution" or "distribute equitably" means siting or locating work release facilities in a manner that will not cause a disproportionate grouping of facilities in any single geographic region, or in any community or neighborhood within a jurisdiction.

(4) "Prisoner" means a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

(5) "Secretary" ((~~shall~~)) means the secretary of corrections.

((~~(3)~~)) (6) "State correctional institutions" shall mean and include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the treatment of convicted felons sentenced to a term of confinement.

(((4) "Prisoner" shall mean a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

~~(5)~~)) (7) "Superintendent" ((~~shall~~)) means the superintendent of a state correctional institution, camp or other facility now or hereafter established under the jurisdiction of the department pursuant to law.

NEW SECTION. Sec. 6. A new section is added to chapter 72.65 RCW to read as follows:

(1) The department shall make reasonable efforts to distribute work release facilities equitably among the counties and work with the counties in the normal county planning process to achieve equitable distribution within each county, among the jurisdictions within the county, and among the communities or neighborhoods within the jurisdictions of the county, taking into account at least the following:

(a) The locations of existing residential facilities owned, operated by, or operated under contract with the department;

(b) The locations of other projected residential facilities owned, operated by, or operated under contract with the department;

(c) The number of adult registered sex offenders classified as level II or level III or registered as homeless per thousand persons residing in the jurisdiction;

(d) The number of adult violent offenders under community custody, community placement, community supervision, or parole per thousand persons residing in the jurisdiction; and

(e) The number of adult offenders sentenced in the jurisdiction per thousand persons residing in the jurisdiction.

(3)(a) The department shall give great weight to the factors identified in subsection (1) of this section in projecting and proposing siting of new work release facilities.

(b) In considering the projected placement or actual siting of a work release facility, the department shall use the information in the most recent report published at the time that the facility is projected or that the site is listed for consideration as a work release facility and the criteria adopted under subsection (4) of this section.

(4) The department shall adopt by rule facility criteria and shall consult with local governments in such rule making.

(5) Prior to adopting a distribution of work release facilities among specific counties or catchment areas, the department shall consult with the county legislative authorities of each county within the proposed distribution. The department shall also hold at least one public hearing within each such county or, if known, the affected part of the county.

(6) Upon adoption of a distribution of work release facilities under this section, the office of financial management shall include such facilities on the list of essential state public facilities maintained under RCW 36.70A.200(2). The department shall promptly notify each county included within such distribution..

Sec. 7. RCW 72.65.220 and 1997 c 348 s 1 are each amended to read as follows:

(1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after ((~~public notifications and local public meetings have been completed consistent with~~)) meeting the requirements of this section.

(2) The department and other state agencies responsible for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives, including at least the following:

(a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification and conduct at least two public hearings in each of the local communities ((~~of the final three or fewer proposed sites~~)) where such a facility may be sited at least forty-five days before a final selection is made. An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site.

(b) ((~~Notifications required under this section shall be provided to~~)) To provide adequate notice of and opportunity for interested persons to comment on a proposed location, the department or contracting entity shall provide at least fourteen days' advance notice of the public hearings to at least the following:

(i) The affected counties, cities, and towns;

(ii) Local government planning agencies in the affected communities;

(iii) All newspapers of general circulation in the local area and all ((~~local~~)) radio stations((,)) and television stations((~~, and cable networks~~)) generally available to persons in the community where the potential site is located;

((~~(ii)~~)) (iv) Appropriate school districts, private schools, kindergartens, institutions of higher education, city and county libraries, and all other local government offices within a one-half mile radius of the proposed site or sites;

((~~(iii)~~)) (v) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and

((~~(iv) In writing~~)) (vi) Written notification to all residents ((~~and/or~~)) and property owners within a one-half mile radius of the proposed site or sites.

(4) The department must consider the testimony received at the public hearings and any written comments submitted before making a final selection of the site for the location or relocation of a work release facility. The department shall issue a written analysis of the final selection, including how the selection was consistent with the requirements of section 6 of this act.

(5) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility.

NEW SECTION. Sec. 8. A new section is added to chapter 72.65 RCW to read as follows:

The department may use catchment areas in lieu of specific counties when the number of qualifying offenders cannot economically support the placement of a work release facility or when a single county is unable to provide the needed support.

Sec. 9. RCW 36.70A.200 and 1998 c 171 s 3 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities including community facilities sited under chapter 72.05 RCW and work release facilities sited under chapter 72.65 RCW, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes.

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.

(3) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) When a county is notified by the department of corrections or the department of social and health services of a potential distribution under section 2 or 6 of this act, the county shall provide timely notice to any potentially impacted cities in the county.

(2) Each county that plans under this chapter and that receives notice under section 2 or 6 of this act regarding the inclusion of the county within the distribution of proposed siting of community or work release facilities shall if necessary take action to revise the countywide planning policies adopted under RCW 36.70A.210 to address the siting of such facilities. The county must include all cities in such review and must solicit the participation of the department of social and health services regarding policies applicable to community facilities and the department of corrections regarding policies applicable to work release facilities. The county and cities within the county shall develop policies that address the distribution of such facilities within the county and criteria for the siting of such facilities. The policies shall be consistent with the criteria under sections 2 and 6 of this act, as well as the reports and criteria adopted by rules under sections 2 and 6 of this act.

(3) Each county and city identified in the countywide planning policies developed under subsection (2) of this section for projected siting within such county or city of community or work release facilities shall implement such policies through any necessary revisions to its comprehensive plan and development regulations. The provisions of the comprehensive plan and development regulations shall be consistent with the criteria under sections 2 and 6 of this act, as well as the reports and criteria adopted by rule under sections 2 and 6 of this act. Any amendments may be combined with the next scheduled adoption of revisions, but in any event not later than the date provided for comprehensive review and revision of plans pursuant to RCW 36.70A.130(1).

(4) Nothing in this section precludes a local government from requiring that a special use permit or a conditional use permit be obtained to site a community facility or a work release facility. The local government shall establish timelines for processing any required permits that are no longer than those established for other comparable project permits under RCW 36.70B.080.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

EHB 2168 - S AMD 254

By Senators Hargrove, Long and Costa

ADOPTED 04/09/01

On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 72.05.020, 72.05.400, 72.65.010, 72.65.220, and 36.70A.200; adding new sections to chapter 72.05 RCW; adding new sections to chapter 72.65 RCW; adding a new section to chapter 36.70A RCW; creating a new section; and declaring an emergency."